RESOLUTION NO. RS2014-1052

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.

WHEREAS, Article 19.01 of the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, provides that the Metropolitan Government shall not adopt a resolution proposing amendments to the Charter more often than twice during the term of office of members of the Metropolitan Council; and

WHEREAS, Article 19, Section 19.01, also requires to be set forth in the adoption resolution a brief description of each amendment so worded so as to convey the meaning of said amendment; and

WHEREAS, it is the desire of the Metropolitan Council by adopting this resolution to fulfill these two Charter requirements.

NOW, THEREFORE, BE IT RESOLVED BY THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Pursuant to the provisions of Section 19.01 of the Charter of The Metropolitan Government of Nashville and Davidson County, the proposed amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, attached hereto, are submitted to the people for approval in the manner provided by Section 19.01 of the Charter.

Section 2. The date prescribed for holding of the referendum election at which the electorate of the Metropolitan Government will vote to ratify or reject the amendments proposed in Section 1 of this Resolution shall be August 7, 2014.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Burkley Allen

Amendment No. 1

Section 3.02 of Article 3 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by deleting the last sentence thereof and substituting in lieu thereof the following new sentence:

“Members of the council shall hold no other elective office in any governmental agency, including but not limited to the metropolitan government, state of Tennessee, or the United States government, nor shall members of council hold any appointive office in the metropolitan government or employment by said metropolitan government, except as expressly provided in this Charter.”

FOR THE BALLOT

Amendment No. 1

This amendment would prohibit members of the Metropolitan Council from holding any other elective office in local, state, or federal government.

Sponsored by: Megan Barry

AMENDMENT NO. 2

Section 12.05 of Article 12 of the Charter of the Metropolitan Government of Nashville and Davidson County shall be amended by adding the following new paragraph at the end thereof:

“Notwithstanding any other provision of this article to the contrary, the metropolitan council shall have the authority by ordinance to enact an equal opportunity interviewing policy to be implemented by the civil service commission for the consideration of prospective employees of the metropolitan government. Such equal opportunity interviewing policy shall include, but not be limited to, provisions prohibiting the metropolitan government from inquiring about a job applicant’s criminal history on the initial job application unless a criminal background check for the position is required by state or federal law, or in the interest of public safety.

FOR THE BALLOT

Amendment No. 2

This amendment would allow the metropolitan council by ordinance to enact an equal opportunity interviewing policy to be implemented by the civil service commission that would prohibit the metropolitan government from inquiring about a job applicant’s criminal history on the initial job application unless a criminal background check for the position is required by state or federal law, or in the interest of public safety.

Sponsored by: Erica Gilmore

AMENDMENT NO. 3

I. Section 1.07 of Article 1 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by deleting the first sentence of subsection A. in its entirety and substituting in lieu thereof the following two sentences:

“No person elected and qualified to the office of mayor shall be eligible for the succeeding term in the same office if such person has served more than one-half of a four year term and a consecutive complete four year term as mayor. No person elected and qualified to the office of vice mayor, district councilman, or councilman-at-large shall be eligible for the succeeding term in the same office if such person has served three consecutive four year terms in that particular office.”

II. Section 3.01 of Article 3 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by deleting such section in its entirety and substituting in lieu thereof the following new Section 3.01:

“Section 3.01. Metropolitan county council created.

The legislative authority of the metropolitan government of Nashville and Davidson County, except as otherwise specifically provided in this Charter, shall be vested in the metropolitan county council, sometimes hereinafter called “Council”, which shall have a total membership of twenty-seven (27), including three (3) councilmembers-at-large, and twenty-four (24) district councilmembers. The entire electorate of the metropolitan government shall elect the three (3) councilmembers-at-large and each of the twenty-four (24) councilmanic districts shall elect one district councilmember. There shall be twenty-four (24) council districts in the metropolitan government, which are hereby created and established in accordance with detailed description to be accomplished as provided in Section 18.06 of this Charter.

The provisions of this amendment shall become effective beginning with the metropolitan government elections to be held in August of 2015.”

FOR THE BALLOT

Amendment No. 3

This amendment would limit the terms for the office of vice mayor, district councilmember, and councilmember-at-large to three consecutive four year terms, and would reduce the size of the Metropolitan Council from forty (40) to twenty-seven (27) members effective as of the August 2015 Metropolitan Government elections, with three (3) councilmembers-at-large and twenty-four (24) district councilmembers.

Sponsored by: Emily Evans

AMENDMENT NO. 4

Section 11.602 of Article 11 of the Charter of The Metropolitan Government of Nashville and Davidson County shall be amended by deleting subsection (d) in its entirety and substituting with the following new subsection (d):

“(d) All uses of and activities conducted on the premises of the Tennessee State Fairgrounds as of December 31, 2010, including, but not limited to, the Fair, Expo Center Events, Flea Markets, and Auto Racing, shall be continued on the premises unless the elimination or modification of such uses or activities is approved by the Metropolitan Council by an ordinance receiving twenty-seven (27) affirmative votes. Likewise, no redevelopment or demolition of the Tennessee State Fairgrounds premises shall occur without the approval of the Metropolitan Council by an ordinance receiving twenty-seven (27) affirmative votes.”

FOR THE BALLOT

Amendment No. 4

This amendment would require all uses of and activities conducted on the premises of the Tennessee State Fairgrounds as of December 31, 2010, to be continued on the premises unless the elimination or modification of such uses or activities is approved by the Metropolitan Council by an ordinance receiving twenty-seven (27) affirmative votes. The amendment would also prohibit the redevelopment or demolition of the Fairgrounds premises without the approval of the Metropolitan Council by an ordinance receiving twenty-seven (27) affirmative votes.

Sponsored by: Sandra Moore

View Substitute Amendment Numbers 3 and 4